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HomeMy WebLinkAbout1000-134.-3-5 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner~g;C LWRP Coordinator Date: January 23, 2008 Request for Amendment to Wetland Permit for BELVEDERE PROPERTY MANAGEMENT, LLC SCTM# 134-3-5 BELVEDERE PROPERTY MANAGEMENT, LLC requests an Amendment to Permit #6565 to construct a 6'X 6' cantilevered platform, install a 42"X 14' aluminum ramp leading to a 6'X 60' floating dock to be secured by four (4) anchoring piles, relocate an existing shellfish float, remove two (2) existing 2-pile dolphins, remove two (2) existing pipe anchors and install two (2) new greenheart anchor piles. Located: Robins Island, New Suffolk. SCTM# 134-3-5 THE PROPOSED ACTION IS LOCATED ADJACENT TO ROBIN'S ISLAND; A SIGNIFICANT FISH AND WILDLIFE HABITAT AREA (Attached) The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Fom~ submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT provided that the following sub policies are met; 6.3 Protect and restore tidal and.freshwater wetlands. Comply with statutory and regulatory requirelnents of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands uuder their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate that the following proposed action meets the dock standards pursuant to § 275-11. Construction and operation standards. (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed; [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. Note the intent of Policy 10 is to protect existing water-dependent commercial, industrial, and recreational uses and to enhance the economic viability of water-dependent uses by ensuring adequate provision of infrastructure for ~vater-dependent uses and their efficient operation. Due to the isolation of Robins Island~ access is achieved by vessel or aircraft. The island is not reachable otherwise. The inhabitants are dependent upon vessels for health~ safety and welfare and therefore the access to the island by vessel and the necessary infrastrncture to support such access is essential. The use of a vessel as transportation to and from Robins Islaml is a water dependent use. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. COASTAL FISH & WILDLIFE H ABITAT ASSESSMENT FORM Name of Area: Designated: Date Revised: County: Town(s): 7½' Quadrangle(s): Robins Island March 15, 1987 May 15, 2002 Suffolk Sonthold Southamptm~, NY Assessment Criteria Ecosystem Rarity (ER)--the uniqueness of the i}lant and animal community in the area and the physical, strnctnral, and ci~emical features sopporting this commnnity. ER assessment: Undeveloped marine island is rare ill New York State. Species Vulnerability (SV)--the degree of ~ ulnerability thronghout its range in New York State of a species residing in the ecosystem ur utilizing the ecosystem fnr its surviYal. SV assessmeot: Eastern mod tartle (E) found here. Osprey (SC) nestiag. Piping plover T-Fed) and least tern (T) also nest periodically. Calculation: 36 ~- (36.,'2) 4 (25/4) + (16/8) = Human Use (HU)- the conduct of significant, demonstrable commercial, recreational, or educational wildlife-related human uses, either coasumpti',e or non-consnmptive, in the area or directly dependent upon the area. HU assessment: Access lo this island is restricted and, therefi~re, there is no recrcational or commercial fish and wildlife related hnman ose. Population~Level (PL)--the concentration of a species in tile area during its normal, recurring period of occurrence, regardless of the length of that period of occurrence. PL assessment: The concentration of nesting ospreys is tlntlsnal in thc State of New York. Replaceability (R)--ability to replace the area, either nn or off site, with an equivalent replacement for the same fish and wildlife ami uses of those same fish aod wildlife, fnr the same users of those fish anti wildlife. R assessment: |rreplaceable. 64 62.25 0 16 1.2 Habitat Index = [Ell+ SV+ IIU + PL] = 142.3 S'gnificancc = HI x R = 170.7 Page I ~)t 6 NEW YORK STATE SIGNIFICANT COASTAI, FISH AND WILDLIFE HABITAT NARRATIVE ROBINS ISLAND LOCATION AND DESCRIPTION OF ttABITAT: Robins Island is situated between Great and l,ittle Peconic Bass, Long Island. This island lies approximately one and one-quarter miles southwest ol'Little Hog Neck, in the I'ox~ n of Soutbold, Suffolk County (7.5' Quadrangle: Southampton, NY). Robins island is an undeveloped marine island, approximately 450 acres in size. It includes approximately four miles of stony beach, several freshwater and tidal saltwater marshes, an island pond and bog, mature wooded areas, grassland and maritime shrublands. The island is privately o;~ned with a protective easement on all land except pre-existing built areas, and one new single tinnily house. FISH AND WILDLIFE VALUES: Undeveloped marine islands of this size are rare in New York State. Robins lslaud provides a secluded habitat for a variety of wildlife species, including several endangered and threatened species. The New York Natural Heritage Program has documented occnrrences ora number of rare plants and ecological communities on the island, including salt-marsh spikerusb, purple everlasting, seabeach knotweed, and the coastal salt pond community. Osprey (SC) nests have of[en been observed on the shores of the island with 8 active nest sites currently documented. Robins lsland is the only area on Long lsland where osprey are known to nest on natural structures rather than man-made platfbrms. Least terns (T), roseate terns (E), and common terns (T) were reported nesting on the island's beaches in 1976; however, ouly least teru have been docnmented since then. Small numbers of least tern nested here on two occasions in thc late 1980s. In 1996, 206 pairs oftbis species were documented. Piping plover (E, T-Fed) have nested sporadically and in small mnnbers (I-2 pairs) since the mid-1980s. During the 1970s and early 1980s, b lack-crowued night herons, suowy egrets, yellow-crowned night herons, and green herons uested in an extensive heronry which is no louger present. I'hese species stilI feed iu and around the marshes located at thc no~hwcstem end of Robins Island. Red-tailed hawks and great-horned owls may also nest on thc island. Shorebirds utilize thc shores and marshes as tkeding grounds during migration, including black-bellied plover, rudd~ turnstone, lesser yellowlegs, greater ycllowlegs, sanderling, and semi-pahnated sandpiper. Tl~e Robins Island nearsbore area is an important ovcrwintering area fi~r populations of American black duck, and for sea ducks such as Mdte-xxinged scolcr, surf scuter, and black scorer. A colony of bank swalloxx s nest in thc sandy bluflk located on the xx estel'n shoreline of the island. Approximately 400 acres ol'uphmd oak-bickor5 xxoncls pr~x iclc habilat ilar a varlet5 ofpasscriae birds and a popnlation ofwbilc-luiled deer. Wetlands on the island support one of the best populations of eastern mud turtle (Kinosternon .vubrubrum, E) in New York State. Spotted salamander are also found on Robin's Island. The waters in the vicinity of Robins Island provide an important recreational fishery and lobster harvest, as well as some scallop harvesting opportunities. However, because access is restricted, there is currently no recreational use of the island itself. IMPACT ASSESSMENT: Human disturbance of any part of Robins Island, including the beaches, marshes or woodlands xvould adversely affect the wildlife species which nest and feed on and around this ahnost uniuhabited island. Any activity affecting the water quality in this area would adversely impact the bay scallop and other fisheries here. Any alteration of hydrology on the island, such as artificial openings to the bay or water diversions for construction or other activities, could negatively impact the rare coastal salt pond habitat. Elimination of open water or wetland areas, through excavation, filling, or shoreline hardening, would result in a direct loss of valuable habitat in coastal ponds and other habitats on the island. Alternative strategies for the protection of shoreline property should be examined, including innovative, vegetation-based approaches. Control ofinvasive nuisance plaut species, through a variety of means, ~nay improve fish and wildlife species use of the area and enhance overall wetland values. Nesting shorebirds inhabiting Robins Island are highly vulnerable to disturbance bv humans, especially during the nesting and fledging period (March 15 through August 15). S'ignificant pedestrian traffic or recreational vehicle use of the beach could easily eliminate tile use of this site as a breeding area mid should be minimized during this period. Recreatioual activities (e.g., boat and personal watcrcraft landing, off-road vehicle use, picnicking) iii the vicinity of bird nesting areas should be minimized during this period. Predation of chicks and destruction of eggs or nests by unleashed pets (e.g., dogs, cats) and natural predators may also occur, and predator control should be implemented where feasible. Fencing and/or continued annual posting of shorebird nesting areas should be provided to help protect these species. Control of vegetative succession, througb beneficial use of dredged material or other means may improve the availabilily of nesting habitat in this area. The feasibility of restoring historical nesting bird populations on the island, such as common tern and roseate tern populations and the diverse heronry should be studied. Page 3 of 6 Applicant: Belvedere Property Management, LLC. Location: Robins Island S.C.T.M.No. 1000-134-3-5 The project consists of the applicant's proposal to construct a 6' 80' extension, with wavebreaks, onto an existing pier, to relocate three 3-pile dolphins, to relocate one ladder and to install one new ladder as per enclosed plans, As part of my review of the Town's LWRP Consistency Form Section C, I offer the following comments regarding the Local Waterfront Revitalization Policies and this proposed project: Policy 1. The project activities shall be "concentrated" on a site where similar activities (docking facility) currently exist. The project does not involve agricultural land nor will open space be utilized or impacted. I believe that this project is consistent with this policy because the project will not result in a negative impact upon the desired development pattern of the Town of Southold nor shall it result in the loss of the community and landscape pattern of the Town of Southold. Policy 2. I believe that this project is consistent with this policy because the project shall not have any impacts upon the preservation and retention of historic resources, or any archeological resources nor the Coastal Culture of the Peconic Bays. The reason for this is that the project site has previously been "disturbed" and developed. The property itself was previously disturbed when the existing docking facility was constructed. Policy 3. I believe that this project is consistent with this policy since the project will not have an impact on any scenic resource of the Town of Southold. Policy 4. I feel that the project is consistent with this policy for a number of reasons. The proposed docking facility has been designed based upon sound engineering practices and designed to the minimum scale necessary. The project shall have no adverse impacts upon adjacent properties or to natural coastal processes or natural resources. The project shall have no impact on any natural protective features nor shall it have any impacts upon public lands or lands in public trust. Lastly, the project does not involve the management of a navigational infrastructure nor are public funds involved with the project. Policy 5. I feel that the proposed project is consistent with this policy for a number of reasons. The project does not involve any direct or indirect discharges that would cause any negative impacts upon water quality standards. There shall be no increase or decrease in the pH, the dissolved oxygen or nutrients in the waterway and there should be no increase in noxious odors at the project site. There shall be no increase in negative health impacts such as pathogens, chemical contaminants or toxicity nor shall there be any negative aesthetic factors involved with the project. The project does not involve watershed development or the quantity or quality of potable water. Policy 6. I feel that the project is consistent with this policy. The project as proposed shall have no impact upon the ecological quality in the Town of Southold. There shall be no negative impacts upon the adjacent area of tidal wetlands by the destruction of habitat or significant impairment to the tolerance range of any species of fish or wildlife. The project should have no impact upon any vulnerable fish, wildlife, plant species or rare ecological communities. Policy 7. I do not feel that this policy is applicable to this project since the project does not involve any atmospheric deposition of pollutants. Policy 8. i believe that the project is consistent with this policy. The project shall not involve the disposal of solid waste or debris There are no hazardous waste or toxic pollutants involved with the project. Policy 9. I do not feel that this policy is applicable to this project. The proposed project shall have no impact upon adequate physical public access to coastal resources, shall not impact any public visual access to any lands or waters, involve the public interest in and use of lands and waters held in public trust or to public access of such areas. Nor will the project have impacts upon the public's fight of access along the shoreline Policy 10. I feel that the project is consistent with this policy. The project shall have no impacts upon any existing water-dependent commercial, industrial or recreational uses of the Peconic Bays. Nor is the project located on Mill Creek or within the Village of Greenport and does not involve water~dependent uses at those sites. Policy 11. I feel that the project is consistent with this policy. The project does not involve aquaculture or the removal of shellfish from uncertified waters of the Town of Southold nor shall it have a negative impact upon the long-term maintenance and health of living resources. Policy 12. I do not feel that this policy is applicable to the project because no agricultural lands are involved. Policy 13. I do not feel that this policy is applicable to the project since the project does not involve energy or mineral resources.